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Effectual Knowledge Services Monthly Litigation Updates August 2013 Effectual Services is a well established and fast growing patent and legal support services company having experience and expertise in providing patent and legal services. With an exceptional mix of technical and legal knowledge, research proficiency, and analytical depth, we are able to consistently provide cost-effective top-notch patent research and legal support services. Effectual Services has technical and legal experts to handle every conceivable technology or situation and support at every stage of patent life cycle from drafting and prosecution to enforcement and litigation. Our firm’s clientele range from IP law firms, general law firms, patent licensing firms, patent brokers, legal departments at mid-sized companies, multinational conglomerates, research institutions and includes university and venture capital backed clients. We help our clients improve their business effectiveness and maximize ROI by leveraging deep domain expertise, engineering excellence, rock- solid execution and a comprehensive delivery model. Our team members are tech savvy, proactive and have passion for excellence and are always on the forefront in bringing satisfaction to customers’ needs. Our team of paralegals has deep knowledge of rules and processes which allows us to reduce cost and still maintain quality and efficiency. Lawyers at Effectual Services successfully help clients in document review, legal research, deposition summarization, due diligence, and contract management. A Benchmark For Perfection In IP

US Litigation Newsletter – August 2013

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US Patent litigation filing in August 2013 increased by ~ 7% month on month and Eastern District Court of Texas continued to be the preferred choice. Interestingly, about 6% of the law suits filed in August were filed by an individual person by the name of Lakshmi Arunachalam. To read about the technology wise breakup and other trends, feel free to download the complete report

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Page 1: US Litigation Newsletter – August 2013

Effectual Knowledge Services

Monthly Litigation Updates – August 2013

Effectual Services is a well established and fast growing patent and legal support services company

having experience and expertise in providing patent and legal services. With an exceptional mix of

technical and legal knowledge, research proficiency, and analytical depth, we are able to consistently

provide cost-effective top-notch patent research and legal support services.

Effectual Services has technical and legal experts to handle every conceivable technology or situation

and support at every stage of patent life cycle from drafting and prosecution to enforcement and

litigation. Our firm’s clientele range from IP law firms, general law firms, patent licensing firms, patent

brokers, legal departments at mid-sized companies, multinational conglomerates, research institutions

and includes university and venture capital backed clients. We help our clients improve their business

effectiveness and maximize ROI by leveraging deep domain expertise, engineering excellence, rock-

solid execution and a comprehensive delivery model.

Our team members are tech savvy, proactive and have passion for excellence and are always on the

forefront in bringing satisfaction to customers’ needs. Our team of paralegals has deep knowledge of

rules and processes which allows us to reduce cost and still maintain quality and efficiency. Lawyers at

Effectual Services successfully help clients in document review, legal research, deposition

summarization, due diligence, and contract management.

A Benchmark For Perfection In IP

Page 2: US Litigation Newsletter – August 2013

Patent Litigation Updates – Filing trends

PATENT LITIGATION INSIGHTS FOR

August 2013

Filing velocity:

Patent litigation continues to rise rapidly. The figure below illustrates the

patent lawsuits trend observed for year 2013 so far.

Also, the patent lawsuits trends for the month of August 2013 are

presented below:

Clearly, the litigation activity has slightly increased as compared to the

previous month.

Clearly, the August month indicated a steep rise,

The Overall patent litigation trends

0

100

200

300

400

500

600

700

800

900

1000

518 574

424

612 516

988

492 526

0

20

40

60

80

100

120

140

160

145 152

111 118

Highlights:

Total number of Patent lawsuits

filed in the month of August 2013

are 526

Texas Eastern District Court was a

preferred choice for filing lawsuits

in the month of August 2013,

closely followed by Delaware

District Court

Most of the lawsuits were filed by

Lakshmi Arunachalam, followed by

Gordium Innovations, and Straight

Path IP Group

Top US class which were targeted

for patent lawsuits in August 2013

were 514, 709 and 705

Page 3: US Litigation Newsletter – August 2013

Patent Litigation Updates – Top Courts, Plaintiffs & Defendants

Top Jurisdictions:

The Figure above shows top 7 US preferred District Courts for patent lawsuit. Evidently, maximum numbers of Patent

Lawsuits were filed in the Texas Eastern District Court, followed by Delaware District Court.

Top Plaintiffs & Defendants:

The figure above shows the top 7 Plaintiffs, for the month of August 2013. Evidently, most of the lawsuits were filed by

Lakshmi Arunachalam with 29 lawsuits, followed by Gordium Innovations with 18 patent lawsuits, and Straight Path IP

Group with 13 patent lawsuits filed in previous month. Many of the lawsuits filed by Lakshmi Arunachalam are against

store chain like, Kohls, Best Buy, Target, Home Depot etc. Dr.Lakshmi is an inventor and pioneer in Internet multimedia

web services. She is Founder, Chairman and CEO of WebXchange, Inc, an online web services' platform. Prior to her

current positions, Dr. Lakshmi directed Network Architecture at Sun Microsystems, at IBM, AT&T Bell Labs.#

Lowe's Companies (9), AT&T

(8), Amazon (6), Sony (6),

Verizon (6), were amongst the

top defendants for the month.

Followed by others including –

Apple (5), Huawei (5),

Toshiba (5) and SAP (5).

#Source: http://thectcnetwork.org/content/view/67/39/

Source:

Texas Eastern District Court,

119

Delaware District Court,

112

California Central

District Court, 33

California Northern

District Court, 23

Virginia Eastern

District Court, 16

Massachusetts District Court,

15

New Jersey District Court,

13

Others, 195

0 5 10 15 20 25 30

Lakshmi Arunachalam

Gordium Innovations LLC

Straight Path IP Group, Inc.

Online News Link LLC

Loyalty Conversion Systems …

Data Carriers LLC

Data Speed Technology LLC

29

18

13

12

10

10

10

0

5

10

9 8 6 6 6 5 5 5 5 4 4 4 4

Texas Eastern District Court was a preferred

choice for filing lawsuits in the month of

August 2013, closely followed by Delaware

District Court

Together, these courts accounted ~44% of the

lawsuits filed during the past month.

Interestingly, most of the lawsuits were

filed by Lakshmi Arunachalam, followed

by Gordium Innovations, and Straight

Path IP Group

Many of the top Plaintiffs are NPEs

Page 4: US Litigation Newsletter – August 2013

Patent Litigations Filed by Top Plantiffs

The number of patent infringement lawsuits brought by Non-Practicing Entities (NPEs) has

increased, Computer/Electronics, Business/Consumer, Biotech/Pharmaceutical and Telecom

companies or industries have increasingly become targets.

Patent litigation itself has become a booming business. NPE’s (Non-Practicing Entities) and practicing entities

have increased their patent actions and continuing to filing Patent Litigations in the US jurisdictions. Figure 3

shows the trend of Patent Litigations filed by the top 10 Plantiffs and the Chart is topped by NPE’s i.e.

ArrivalStar and Wyncomm LLC. ArrivalStar has threatened many Companies with costly litigation, ArrivalStar

S.A. et.al Stands first with 45 number of Patent Litigations filed in Past month (July-2013) and Wyncomm LLC

Stands second with 38 Patent Litigations filed in the same month of July.

Zydus Pharmaceuticals USA Inc., Dell Inc., Rea, Sony Corporation, Unisource Worldwide Inc., Gatorade, Mylan

Pharmaceuticals Inc. and Lenovo are the top defendants who are defending two or more litigation cases, filed in

the month of July-2013.

45

38

15

12

7

6 6

5 5 5

PATENT LITIGATION CASES FILING BY TOP PLANTIFFS ArrivalStar S.A. et. al.

Wyncomm LLC

UCB Inc. et al

Telecomm Innovations LLC

Sundesa LLC

Arunachalam

GlobeTecTrust LLC

Icon Health and Fitness Inc

Digital Signal Innovations LLC

Eisai Co. Ltd. et al.

Technology trends

The figure below illustrates the top US classes which were

most targeted in the previous month. Evidently, top US

classes targeted were –

514 which relates to – Drug, Bio-Affecting And Body

Treating Compositions.

709 which relates to – Electrical Computers And Digital

Processing Systems: Multicomputer Data Transferring.

705 which relates to – Data processing: financial, business

practice, management, or cost/price determination.

Top US sub class targeted within 514 class was 514/338 which relates to - Drug, bio-affecting and body treating

compositions; plural hetero atoms in the polycyclo ring system.

Top US sub class targeted within 709 class targeted was 709/227 which relates to - Electrical computers and digital

processing systems: multicomputer data transferring; computer-to-computer session/connection establishing.

Top US sub class targeted within 705 class was 705/005 which relates to - Data processing: financial, business practice,

management, or cost/price determination; reservation, check-in, or booking display for reserved space.

0

10

20

30

40

50

51

4

70

9

70

5

45

5

43

5

34

0

42

4

71

1

37

9

71

3

71

5

34

5

41 39 30 29

18 18 17 16 16 13 10 10

514/338 12% 514/354

10%

514/651 7%

514/561 7%

514/629 7% 514/294

5% 514/567

5%

514/183 5%

Others 42%

709/227 20%

709/219 13%

709/217 13%

709/224 10%

709/200 8%

709/206 8%

709/218 8%

709/223 5%

Others 15% 705/005

23%

705/026 17%

705/007 13%

705/002 10%

705/003 6%

705/014 7%

705/036 7%

Others 17%

Top US Sub class that witnessed litigation activity

were –

514/338 which covered 12% of the entire class

709/227 which covered 20% of the entire class, and

705/005 which covered 23% of the entire class

Patent Litigation Updates – Technology trends

Page 5: US Litigation Newsletter – August 2013

EFFECTUAL TEAM

We recognize our staff to be our number one asset. Accordingly,

we employ a sophisticated and thorough screening mechanism

when selecting personnel. We do our outmost to maintain the

most skilled, diligent, and dedicated staff. We pride ourselves in

having one of the best-trained teams in the industry. We are able

to retain the brightest and most talented patent professionals and

technical experts in India.

Effectual subject matter experts have advanced degrees (PhD /

MS) in science & technology, excellent communication skills

and have years of industry experience. Our team works under

the close supervision of US patent and trademark attorneys,

ensuring quality and consistency on all work products.

Our teams consist of experienced Lawyers from India's Best

Law Schools. They are educated and trained in Common Law

systems to meet the requirements of our Global customers.

OUR CUSTOMERS

Law Firms – General/ Specialized

Corporations/In-house Counsels

Patent Monetization Companies

Patent Brokers

Research Institutions / Academia

Individual Inventors

Government agencies

Insurance companies

Banks

Customers – Global footprint

We serve customers across the globe

Customers – Keeping Customers happy We keep our customers happy – we have a very high retention rate

when it comes to customers.

Offices

Noida, India Delhi, India Texas, USA UK/Europe Sales Contact C-63, Second Floor, Sector 2,

Noida 201301 – India

Phone: +91 120 4561797, + 91

9013673286

210, DDA Building No-5,

District Center, Janak Puri,

New Delhi-58

Phone: +91 9013948557

2727 LBJ Freeway, Suite 309,

Dallas, Texas 75234, US

Phone: +1-972-256-8233

Fax: +1-972-910-0664

Phone: +44-203-286-8233

Email: [email protected]

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